A bench headed by NGT Chairperson Justice Swatanter Kumar said it was "unfortunate" that a statutory body was "behaving like this" and directed the UPPCB to show how Rathi Steel was allowed to operate for the last 10 years when it was "undisputedly a highly polluting industry".

"Produce the original records of this industry and take instructions as to how the consent has been granted to this industry for the last 10 years while it was undisputedly a highly polluting industry.

"It shall also produce inspection report, if any, carried out by the Board on record on the next date of hearing. List this application for final hearing on September 24, 2013," the bench said.

During the hearing, the Central Pollution Control Board (CPCB), which had inspected the unit, said it is still polluting. It said that earlier inspections conducted by it also showed the Rathi Steel plant as polluting.

Rathi Steel told the bench that it is working towards complying with all the directions of the Tribunal and added that it is no longer a polluting unit.

The bench, however, said "you are a ruthless industry" and directed it to furnish its annual turnover of the past 10 years with complete profit and loss statements.

It also directed the industry, the UPPCB and the CPCB to apprise the bench as to what is the position of the plea moved by Rathi Steel against the Tribunal's order directing closure of all polluting units in Ghaziabad.

The NGT was hearing a plea by Ghaziabad resident Rajiv Narayan who had alleged rapid development of industries in the city has resulted in acute air and water pollution which is causing severe health problems to residents.

On January 17 this year, the NGT had directed closure of all polluting industries in Ghaziabad and pulled up the UPPCB for failing to check the units which are discharging harmful effluents into air and water of the city.